Indiana
When you develop a definite plan of action with
well-timed, well-informed steps, you can stop
the foreclosure process and save your home. We
have outlined the foreclosure process for the
state of Indiana.
The Process
In Indiana, a lender can file a lawsuit to
foreclose on real estate. The date the mortgage
was signed determines the length of time it
takes between the filing of the lawsuit and the
foreclosure sale. Here are the applicable
waiting periods:
Before January 1, 1958:
12 months
Between January 1,1958-
July 1,1975
6 months
After July 1, 1975
3 months
Procedure
If the owner files a waiver of the time limit
with the court clerk, which has been signed by
the lender (or judgment holder), then the
foreclosure sale process may begin without the
need to delay 3 to 12 months. If such a waiver
is used however, the lender loses the right to
sue the borrower for a deficiency.
The foreclosure sale process involves publishing
an ad once a week for three weeks. The first ad
must be run 30 days before the sale. At the time
the first ad is run, each owner must be served
with notice of the foreclosure sale by the
sheriff. The sheriff conveys title by a deed
given immediately after the sale. The owner may
reside in the property, rent free, until the
foreclosure sale, provided the owner is not
committing waste, which means tearing up the
property.
Redemption
There is no right to redemption after the
foreclosure sale. The waiting precedes the sale.
If the property is not a principal residence, a
receiver can be appointed to take charge of it.
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